REFUSE TOTES AVAILABLE - With the change in refuse companies, people who previously rented totes from Waste Management had them picked up on February 13th.  You may obtain a new tote from Modern Disposal Services by contacting customer service at 1-800-330-7107.  The rental fee is $65 annually and the purchase price is $85 each. 

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NEW - You can now access the Codes of the Town of Somerset by visiting the following link:

Codes of the Town of Somerset

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AES HELD A PUBLIC INFORMATION MEETING REGARDING THE LAKE UNLOADING PROJECT AT AES

AES Somerset held a public meeting on January 30, 2008 in the Lockport Holiday Inn's Ballroom.  At the meeting, representative of AES Somerset discussed the company's proposed $25 million Lake Unloading Project (LUP).

AES Presentation - Public Information Meeting 1-30-2008

For more information visit the project website at:  www.aesbuildsniagara.com

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REFUSE PICKUP  - Effective February 15, 2008, the Town of Somerset (outside the Village of Barker ) will be serviced by Modern Disposal for both refuse and recycling pickup.  The date of pickup will remain the same.   Please remember that there is a 6 bag limit and that one large item is picked up weekly.  This includes refrigeratior and air conditioners - the freon DOES NOT have to be removed.  If you have any questions, please call the Town Hall - 795-3575.

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RECYCLE YOUR NEWSPAPERS/MAIL/CATALOGS AT THE TOWN HALL

Have you stopped by the Town Hall lately?  If not, we have some new items to tell you about.  First, for the convenience of our residents, we have placed a mail box by the sidewalk.  If you stop to pay a bill after hours you can place it in the mail box.  Although the box is locked, PLEASE do not deposit cash in the box. Our other new item is a recycling container.  It is a big green and yellow box that sits at the southwest corner of the parking lot.  This is a new source of revenue for our town.  Instead of paying to have it picked up, this company PAYS US for recycling!  We can accept newspapers, magazines, junk mail, etc.  We cannot deposit cardboard, plastic, glass, metal or trash.  Instead of putting your paper recyclables into your recycling bin, stop by the Town Hall and deposit them into our bin so we can take advantage of this new revenue opportunity!

August 28, 2007 - AES Asks for Modification to Landfill

On July 17, 2007, AES filed a package with the NYS Siting Board on Electric Generation and included in the package was a request for the modification of the liner system that deals with the permeability of the soil at the landfill under construction that was agreed to by AES on July 16th. The New York State Department of Environmental Conservation (NYSDEC) and the Town of Somerset commented on the request.  For further details download the files:

DEC.Comments.AES.Compliance.Filing.8.28.07

Town Comments on Compliance Filing 8-28-07

July 16, 2007 AES accepts order from the NYS Board on Electric Generation.  For further details download the file

AES Acceptance

Press Release July 6, 2007

New York State Board on Electric Generation Siting Issues Order Relating to the AES Somerset Power Plant Landfill

The Town of Somerset fully supports this Order with the expectation that this will end years of litigation by AES relating to the AES Somerset power plant landfilling of ammoniated fly ash.

Somerset, NY – July 6, 2007 – The New York State Board on Electric Generation Siting and the Environment (Siting Board) issued an Order granting amendment of the AES Somerset power plant landfill Certificate of environmental compatibility on June 29, 2007.  This Certificate amendment settles years of litigation relating to landfilling of ammoniated coal combustion byproducts* (CCBs) at the AES Somerset power plant.  For the first time since AES took control of the plant in 1998, the AES landfills, called SWDA II and SWDA III, will fall under the NY State Department of Environmental Conservation (DEC) rules and regulations.

       The Town Board of the Town of Somerset strongly supports this Amendment’s approval by the Siting Board.  The recommendation approves AES Somerset’s request to landfill ammoniated fly ash in a new landfill (Solid Waste Disposal Area II) and requires immediate closure of SWDA I.  The recommendation also requires that AES comply with current and future New York State Environmental Law, with oversight by the NY State DEC. 

The Town Board believes the Siting Board’s Order is in the best interest of the Town’s residents and of the local environment. 

The Siting Board has given AES 30 days (until July 29, 2007) to submit a verified statement that it accepts and will comply with the Certificate.  If AES rejects the Siting Board’s Order, AES’ Certificate of Environmental Compatibility and Public Need as amended will be invalidated, causing a return to litigation.

* “Coal combustion byproducts” refers generally to the solid waste generated on site from the combustion of fossil fuels and includes such wastes as fly ash, bottom ash, pyrites and flue gas desulfurization sludge.  (From footnote 2, page 2, of the Joint Proposal.)

To view the PSC Siting Board decision, click here (or right click to download)

Suggestions for Farmers Regarding Wind Power Leases

• Meet with your neighbors - The wind company will be approaching your neighbors.  Meet with them and work together with your OFA MSR.
• Cost of a lawyer - Ask the wind power company to pay to have the agreement reviewed by a lawyer who will work for everyone in the area.  This saves you $500 to $1,000.
• Transferability - Add a clause that stipulates that the agreement cannot be transferred by the wind company to any person or company without your approval.  If the company is truly in the wind business, they will be willing to pay you a fee if the lease is transferred.
• Appearance - None of the leases address appearance, but you could have to look at the thing for 50 years.

               Add a clause that prohibits advertising on the tower.

               Add a clause that stipulates that the paint color be agreed.

               Add a clause that requires that the tower be painted within six months of the apperance of

               rust or discoloration.

               Add a clause that covers effective reclamation of the site when all is done.

• Building Restrictions - Attach a map of the property to the agreement that outlines areas where new buildings over 20 meters can and cannot be built.
• Fill Material - Under no circumstances should a developer use fill taken from your land.
• Gear Oil - Many wind towers have a reservoir of toxic lubricating oil (PCP's) in the generator compartment.  You can prohibit the use of such oil in the lease.
• Option Termination - Add a clause that stipulates that the contract is ended if construction has not started on a wind tower within five years from the date of signing.  Do not sign a contract without a clear beginning and a clear end.
• Net Meter Tower - Ask the company to lend you its crane to install your own net metered wind generator.  You'll have to be ready when they are, but it could save you $10,000.
• Option - Set the option payment at a minimum and escalating according to the value of the land.  The minimum should be $5,000 and the option should cover annual payments while a test tower is in place as well as crop losses, etc.  You should become an owner of the wind data collected if no tower is built within five years.
• Rent - Change the clause with respect to rent so the percentage of gross income paid to the farmer starts at 3% or more.  Rent should apply to all income from the project including green house gas credits, etc.  Once the tower has paid for itself, the rent should increase.  Change the rent clause so the percentage of gross income paid to the farmer increases with the cost of power or at set intervals of 2 to 5 years, so the rent rate rises to about 10%.
• Insurance - Add a clause stipulating that the wind power company must produce a certificate of valid insurance covering liability to the farm and the others each year and that in any event it assumes full liability for all damage caused by the wind tower.
• Protect Capital Value - Add a clause requiring the wind power company to make whole any losses in re-sale value that might occur as a result of the lease or a wind tower being in place.  If the wind tower effects your land value, losses might not be covered by rent.
• Your Other Rights - Some leases have clauses that appropriate your development rights for aggregates, ground water, top soil, sale outside of the family and even your right to speak in public on wind power questions.  Any such clause should be stricken from the agreement.
• A Cooling Off Period - Have a clause that states that either party may cancal the agreement within 30 days without reason or penalty.
• Other Development - If the property might be valuable for other development in the next 50 years, think.  At most, sign a lease that commits you for no more than 20 years if, for example, you feel your land might be valuable for urban or other development.
• Power Sales - Stipulate that power must be sold via the IESO or that you get to approve any other contract.  Without this the power can be sold to a third party firm held by the wind power company and the 3% rent you were hoping for will be 3% of very little.
• Hours, Times of Access - Stipulate that access is during ordinary business hours and requires permission on weekends, at any time or hour in an emergency and that the wind power company agrees to defer any activity except emergency repairs that interfere with seeding, harvest, calving, lambing, or other farm or family activities that are time restricted.
• Area of Lease - Limit the area covered by the lease to a suitably small area - 1 to 5 acres.
• Applies to One Lot Only - Limit the agreement so it only applies to the actual lot leased and that there is no reference to any other land owned by the farmer.
• Wind Rights Only - Do not allow any clause that gives the wind power company a right of first refusal or an option for any purpose other than the use of the wind.  Such clauses encumber sales, wills, development of other businesses, etc.
• Term of Lease - Suggest 3 year option, 20 years for first term and 5 year renewals to follow.  These time frames provide the company with enough time to do tests and make profits, and they bring the replacement date for the generator and the lease renewal dates closer together, which improves your negotiating position.
• Assessment and Property Taxes - The land owner is ultimately responsible for taxes - a clause to require the wind power company to pay taxes associated with the wind tower is essential and it requires an enforcement clause - you cannot afford their taxes, unless you have their income.  In the case of default, you should get the licenses to produce and sell power.
• Wait Until You Know Your Choices - The government is preparing Standard Offer Price rules.  With those rules, you may be able to run your own farm energy project and do better than you might as a landlord.  Lease offers should become more competitive once the Standard Offer rules are known.  Don't sign a lease until the choices are clear and you have determined what is best for your farm operation for the next 20 plus years.

Niagara County Bicentennial Barn Painting - Congratulations to Maple View Dairy Farm for being selected to have the logo painted on their barn!  The barn, owned by John and Art Sweeney, is located on West Somerset Road.  The front half of the Sweeney barn dates to the 1840s.  It was used as a horse stable until 1948 when they added on to the barn to make room for dairy cows that needed a home after a nearby barn was destroyed by fire. The barn is the first to have the new logo painted on it by Scott Hagan of Jerusalem, Ohio.  He did a great job!  Be sure to stop and check it out!

Town Wide Yard Sale - August 4, 2007

Due to interest, once again the town will have the annual town-wide yard sale on the first Saturday of August.  If you have items that you would like to sell, call the Town Hall no later than July 27th so you can be put on the map.  It would be helpful for our visitors if you also put out balloons, just in case you don't call in time.  If you would like a table at Faith United Methodist Church for $5.00, please call 795-9945 from 9AM - Noon.  There is ample parking and restrooms available there.

NEWS - Decision of the Court on School, Town and County Lawsuits

March 22, 2007 - At a court hearing today, Judge Kloch dismissed many parts of the lawsuits of the Barker Central School District, Town of Somerset, and County of Niagara vs Niagara County IDA, AES Somerset, and AES Eastern Energy.  Click here for a copy of the transcript of the court hearing. Another hearing will be held in June for the judge to make a final determination on the remaining issues.

News - Niagara County IDA and AES Somerset Sign Final PILOT Agreement

January 16, 2007 -- The Town of Somerset learned on Tuesday, January 16, that Henry Sloma, Chairperson of the Niagara County IDA, and Kevin Pierce, Vice President and Director of AES NY, LLC, which owns the AES Somerset power plant, had signed the final PILOT paperwork.  This makes the tax cut for the existing AES Somerset power plant official, with no promise of new jobs or new construction.  Unless the IDA and AES jointly terminate the agreement, or a court stops the agreement, at midnight on February 28, 2007, the AES power plant will be removed from the Niagara County, Barker Central School District, and Town of Somerset tax rolls.  The Barker Central School District will feel the impact of the lost tax revenue first, as it will have to address at least a $1.2 million revenue loss at the start of the 2007 school year in September.

Click here - or right click to download - for a copy of the signed agreement . 

January 9 - Town Resolution (Click here to open, or right click to download).

"NOW, THEREFORE, it is RESOLVED:
1. The Town Board of the Town of Somerset requests the Niagara County Legislature demand its Industrial Development Agency rescind, in total, any and all resolutions or actions relating to the removal of AES Somerset, LLC from the Niagara County tax rolls;

2. The Town Board of the Town of Somerset demands NCIDA rescinds its Preliminary Resolution (AES Somerset, LLC PILOT Project) of September 21, 2006, its Final Resolution (AES Somerset, LLC PILOT Project) of October 27, 2006, as well as any other resolutions or actions relating to AES Somerset, LLC, for itself or on behalf of an entity formed or to be formed (the “Company”) relating to acquisition of title to or a leasehold improvements located at 7725 Lake Road in the Town of Somerset, Niagara County, New York ..."

News - How the Town of Somerset Assessed the AES Somerset Power Plant, and the History of Assessment
January 8 , 2007 -- The Barker Central School District and the Town of Somerset released the details of assessment for the AES LLC Somerset power plant for the years 2004 through 2006. AES has sued the Town for the assessments in these years and the suits are still pending. The release included information for the years 2000 - 2003, all of which AES litigated, and the Town settled. 

Click here - or right click to download - for a copy of the release with the assessment history and details. 

New Information Regarding the AES Somerset Power Plant Landfill

December 12, 2006 -- New York State's examining judges published a Recommended Decision to the New York State Board on Electric Generation Siting and the Environment.  This recommendation will go to the full NY State Siting Board for a final decision relating to landfilling of fly ash at the AES Somerset power plant. 

Click here - or right click to download - for a copy of this Recommended Decision. 
The New York State Public Service Commission (PSC) posts the documents related to this case (Case 04-F-1178) on their website.
Click here to visit the PSC website, where the documents are available to read or download.

Information Regarding the AES Somerset Tax Reduction

October 27, 2006 -- Niagara County Industrial Development Agency (IDA) voted to remove the existing, highly profitable, $1.149 billion AES Somerset, LLC, coal fired power plant from the tax roles for Niagara County, the Town of Somerset, and the Barker Central School District, effective February 28, 2007. 

This action will reduce taxes for AES Somerset's power plant without directly adding new jobs or protecting existing jobs.  This same action will cause taxes to increase for taxpayers throughout Niagara County.  

Please visit this page frequently, as well as www.somersetny.org/PILOT, to keep yourself informed of these issues.

News - Financial Impact of AES PILOT - December 12, 2006

The Town of Somerset has published revised estimates of the financial impact of the tax cut granted to AES Somerset on its existing, profitable power plant by the Niagara County IDA.  Click here to visit the Town's website page with the financial summary.

(Click here - or right click to download - for the details and assumptions for these estimated tax revenue losses.)

Town Letter to William Ross - December 8, 2006

The Town of Somerset's Attorney mailed a letter to William L. Ross, Chairman of the Niagara County Legislature, on December 8, 2006.  This letter clarifies five misconceptions held by the Niagara County Legislature and the Niagara County IDA.  It also provides a financial assessment of the tax revenue loss to Niagara County, the Barker Central School District, and the Town of Somerset.

(Click here - or right click to download - for a complete copy of this letter.)

On October 27, John Raymond, reporter for WLVL Radio (1340 AM), attended the Niagara County IDA meeting to cover the vote that approved the Payment in Lieu of Taxes (PILOT) tax cut for the existing AES Somerset, LLC, coal fired power plant.  The following day, WLVL reporter Joe Major reported the story during the day on the radio.

Click here to listen to the WLVL Radio news story about the Niagara County IDA tax reduction for the AES Somerset power plant.  (Right click the link to download the 6 MB Windows Media file.)

(Click here if you need to download a free player for either a Windows or a Macintosh computer.)